Interpretation ID: nht89-1.36

TYPE: INTERPRETATION-NHTSA

DATE: 03/13/89

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: ROBBIE FOLINO-NAZDA -- ATTORNEY-IN-FACT FRITZ COMPANIES, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 12/19/88 FROM ROBBIE FOLINO NAZDA TO FRANK E. YOUNG -- FDA; OCC 3132 PRODUCT ANIMAL WARNING DEVICE

TEXT: Dear Mr. Folino-Nazda:

We have received a copy of your letter of December 19, 1988, to Commissioner Young of the Food and Drug Administration, forwarded to us by the Consumer Product Safety Commission. You have asked whether the "vehicle safety device" you described (with sam ples enclosed) are subject to any restrictions which would prevent importation of the device.

The device provides an "ultrasonic animal warning." At a speed "over 30 mph air flow produces a high pitch whistle which animals try to avoid." It is designed for owner installation on "bumpers, grills, fenders, mirrors and roofs" of motor vehicles. Bec ause the device is intended solely as an accessory to motor vehicles, it is an item of motor vehicle equipment subject to the jurisdiction of this agency under the National Traffic and Motor Vehicle Safety Act. However, there are no Federal motor vehicle safety standards that apply to this type of equipment.

You should also be aware that if the device's manufacturer ("manufacturer" includes both the maker as well as any importer for resale) or this agency were to determine that the device contains a safety-related defect, importers of this foreign-made devic e would be required by the Vehicle Act to recall the device and remedy the defect or replace the device without charge.

We are returning your samples to you.

Sincerely,